What was the outcome of Tenancy Tribunal case 5022708?

The tribunal order states: The tenancy of Jessica Anne Caitlin Davies at 4 Balmoral Rise, Chartwell,

How much money was awarded in case 5022708?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,214.28 awarded to landlord

What type of tenancy dispute was case 5022708?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5022708?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11249459-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5022708?

The tribunal order states: The tenancy of Jessica Anne Caitlin Davies at 4 Balmoral Rise, Chartwell,

How much money was awarded in case 5022708?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,214.28 awarded to landlord

What type of tenancy dispute was case 5022708?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5022708?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11249459-Tenancy_Tribunal_Order.pdf.

4 Balmoral Rise, Chartwell, Hamilton 3210 Tenancy Tribunal Case 5022708 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Order

Claims and awards in Tenancy Tribunal application 5022708 — net $2,241.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,214.28	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,241.28
Total payable by Tenant to Landlord	$2,241.28

The tenancy of Jessica Anne Caitlin Davies at 4 Balmoral Rise, Chartwell, Hamilton 3210 is terminated, and possession is granted to Monarch Realty Limited T/A: Harcourts Hamilton Rentals As Agent For Glen & Pam Armer, at

59 am on Monday 6 January 2025.

The Bond Centre is to pay $2,241.28 from the bond of $2,320.00 (3227748- 017) to Monarch Realty Limited T/A: Harcourts Hamilton Rentals As Agent For Glen & Pam Armer immediately.

The balance of the bond of $78.72 is to remain at the Bond Centre.

Reasons

The landlord attended the hearing.

The tenant did not attend by Teams video link. Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given.

This is a fixed term tenancy due to end on 2 July 2025.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.

Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.

The tenant has breached their obligations by failing to pay rent in full and on time.

The landlord served a 14-day notice on the tenant on 26 September 2024, and the tenant did not remedy the breach within the required period.

It would be inequitable to refuse to terminate the tenancy as rent has been in arrears for an extended period.

The landlord invited the Tribunal to adjourn the hearing to allow a claim for break lease fees to be filed. I declined that application for an adjournment. The landlord has kindly provided a copy of a previous Tenancy Tribunal order which he says supports his request. There is no mention of break lease fees in the order. I am not bound by that order and with respect to the adjudicator considering that application, I do not agree that a landlord may seek ongoing rent, once a fixed term tenancy has been terminated. The tenancy either continues and the landlord is entitled to rent or it is terminated and the landlord is not entitled to further rent from the date of termination.

Any further costs incurred by the landlord after termination (cleaning damages or the like) will need to be the subject of a further application by the landlord to the Tribunal.

As the landlord has been wholly successful the tenant is ordered to reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 5022708 — net $2,241.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,214.28	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,241.28
Total payable by Tenant to Landlord	$2,241.28

59 am on Monday 6 January 2025.

The Bond Centre is to pay $2,241.28 from the bond of $2,320.00 (3227748- 017) to Monarch Realty Limited T/A: Harcourts Hamilton Rentals As Agent For Glen & Pam Armer immediately.

The balance of the bond of $78.72 is to remain at the Bond Centre.

Reasons

The landlord attended the hearing.

This is a fixed term tenancy due to end on 2 July 2025.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.

The tenant has breached their obligations by failing to pay rent in full and on time.

The landlord served a 14-day notice on the tenant on 26 September 2024, and the tenant did not remedy the breach within the required period.

It would be inequitable to refuse to terminate the tenancy as rent has been in arrears for an extended period.

Any further costs incurred by the landlord after termination (cleaning damages or the like) will need to be the subject of a further application by the landlord to the Tribunal.

As the landlord has been wholly successful the tenant is ordered to reimburse the filing fee.

Tenancy Tribunal case 5022708 — Rent arrears at 4 Balmoral Rise, Chartwell, Hamilton 3210

At a glance

Tenancy Tribunal case 5022708 — Rent arrears at 4 Balmoral Rise, Chartwell, Hamilton 3210

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions